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What you need to know about Wisconsin’s collective bargaining system…
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What you need to know about Wisconsin’s collective bargaining system…

MADISON, Wis. (AP) – A the judge’s annulment Wisconsin’s 13-year-old law that ended collective bargaining for teachers and most state government employees has reignited the battle for labor rights in a state where the industry’s first unions public were formed 65 years ago.

But before the unions return to the negotiating table, more legal battles await them. Here are five things to know about the law, current challenge and what happens next:

What is the fight about?

At its core, the battle is over whether tens of thousands of teachers, nurses, prison guards and other state government employees can negotiate their working conditions and salaries.

The law, known as Law 10, was enacted in 2011 and limits negotiations to only salary increases that do not exceed the rate of inflation. This means that other issues, such as benefits, safety, working conditions and vacation time, are non-negotiable.

The law also requires each public sector union to vote annually on whether to maintain its own certification. To pass, at least 51% of each union’s members must vote yes, not just 51% of voters.

Union members were also forced to pay more for their benefits, which reduced their take-home pay and effectively served as a pay cut.

Supporters say the law saved school districts and local governments billions of dollars. Opponents say the law has brought unions that traditionally support Democrats to their knees and hurt worker morale and income.

The passage of the law helped facilitate Parliament’s approval in 2015 of a so-called draft law. right to work law which limited the power of private sector unions.

Who was and is behind Act 10?

SO- Governor Scott Walker presented the proposal shortly after taking office in 2011. This triggered weeks of massive demonstrationsA walkout by Democratic state senators in a failed attempt to block the passage of the law and recall the elections targeting Walker and the Republicans who voted for it.

The struggle propelled Wisconsin to the center of the battle for union rights in the United States. Walker gained attention, survived the 2012 recall attempt, then launched a campaign for president a few years later. However, he dropped out of college in the fall of 2015, as support for Donald Trump grew.

The battle lines then and now are largely the same. The law faces opposition from Democrats and unions. It is backed by Republicans, conservative groups and powerful organizations like Wisconsin Manufacturers and Commerce, Wisconsin’s largest business lobbying group.

Haven’t the courts already resolved this problem?

Numerous legal challenges have been filed challenging the law in state and federal courts. None of them have succeeded so far.

The latest challenge was filed last year by seven unions representing teachers and other public sector workers and three individuals.

This lawsuit alleges that Act 10’s exemption to certain police officers, firefighters and other public safety workers from bargaining restrictions violates the Wisconsin Constitution’s equal protection guarantee.

A similar argument was made in a federal lawsuit alleging that Act 10 violated the U.S. Constitution’s guarantee of equal protection. But a federal appeals court in 2013 said the state was free to draw a line between public safety and other unions, and the following year again ruled that the law was constitutional.

The Wisconsin Supreme Court in 2014 also confirmed the law as constitutional, dismissing a lawsuit filed by Milwaukee teachers and public officials. This case raised different arguments than the current trial. And in 2019, a federal judge dismissed a lawsuit brought by two branches of the International Union of Operating Engineers, saying the law violated free speech and freedom of association under the First Amendment.

What are people saying about this latest challenge?

Walker, whose legacy is largely defined by his fight against unions, called the government “brazen political activism.”

The judge who struck down the law, Dane County Circuit Judge Jacob Frost, was appointed by Wisconsin’s current governor, Democrat Tony Evers. It also appears that Frost signed the petition to recall Walker.

Republican leaders in the Legislature echoed Walker’s comments, denouncing the decision and calling Frost an “activist.”

Evers called the decision “good news” and said, “I have always believed that workers should have a seat at the table on decisions that affect their daily lives and livelihoods. »

Unions applauded the move while conservative groups warned that repealing the law would significantly increase costs for local governments, leading to service cuts and tax increases.

What happens next?

Lawmakers appealed the case. That would generally send it to the state appeals court, unless the unions ask the Wisconsin Supreme Court to take up the case directly.

Opponents of the law are eager for the state Supreme Court to win the case, which is controlled 4-3 by liberal justices. A elections in April will determine whether the Liberals maintain control or whether the court returns to the Conservatives, who dominated there before the adoption of Law 10 until 2023. The newly elected judge will begin his work next August.

Even if the current court takes up the case, it is unclear which judges will hear it.

Judge Janet Protasiewicz, whose win last year gave the majority to the Liberals, declared during her campaign that she believed Bill 10 was unconstitutional. She also said she would consider recusing herself from any cases challenging the law. Protasiewicz participated in protests against the law and signed the petition to recall Walker.

Conservative Justice Brian Hagedorn was Walker’s top legal advisor and played a role in writing Act 10. But during his successful bid for the court in 2015, Hagedorn did not promise to recuse himself if a case challenging law 10 was brought before the court.